House report asks govt to contest Bakassi judgment

The House of Representatives report has said Nigeria must contest the ruling of the International Court of Justice October 10, 2002 which led to the ceding of Bakassi and the commencement of the delineation of the boundaries between Nigeria and Cameroun from Lake Chad to the Seas.

The report of the Joint Committee on Foreign Affairs, Justice and Special Duties interactive meeting with experts on the maritime boundaries of Nigeria and the future of Bakassi, was laid before the House yesterday.

The 10-page report, which has 10 findings and four recommendations said Cameroon obtained the judgment fraudulently.

The report in its findings, states: “The foundation on which the International Court of Justice ruling was predicated was “ab initio” faulty and that the Bakassi Pennisula on the basis of indigenous ownership, historical consolidation and effective occupation had always belonged to Nigeria.

“There is no concrete evidence of ratifications of the 1913 agreement on which the International Court of Justice ruling was predicated. The 1913 Anglo-German treaty which Cameroon rested its claim was not signed by both countries before the outbreak of the First World War in 1914.

“The memoirs of Prince Karl Max Lichnowsky, a former German Ambassador and a Principal negotiator of the 1913 proposed agreement was found. He was quoted to have regretted the non-entry into force of the Agreement. He said ‘The Treaty which offered us Extraordinary Advantages, a result of more than one year’s work was thus dropped. It would have been a public success for me.’

All the subsequent agreements made between Britain and Germany, as well as France explicitly recognised that the Bakassi Pennisula had been effectively occupied by the Efik ethnic group of Nigeria.

“After the World War I, Germany renounced all it’s territorial claims in 1919 and all the former territories controlled by Germany came under the mandate of the League of Nations.

“A plebiscite was conducted on March 18, 1961, in Southern Cameroon to determine communities that either wanted to stay in Cameroun or join Nigeria. Communities such as Manfe, Bamenda, Kumba, and Victoria participated. Bakassi never participated in the exercise because it was never in contention that Bakassi was Nigerian. (see appendix 1 Southern Cameroun Gazette published by EUEA Authority 18th March 1961, Vol.7,no.14 showing the result of voting by plebiscite districts of the whole Southern Cameroun. “it is worthy of note that the people of Bakassi had always participated in Nigerian elections.”

The committee said it “noted that the people of Bakassi have asserted unequivocally their unwillingness to and/or live under Cameroonian authority.”

The report’s recommendations read: “The committee hereby recommends that the Nigerian Government should as a matter of urgency and necessity approach the International Court of Justice for a review of the 2002 judgment on the basis of the following assertions.

(1) Article 61 of the International Court of Justice ICJ’s statute clearly defines the procedure to seek for review of its judgment. (see Appendix2.)

Based on the fresh evidence that was not known to the ICJ and more importantly the 10year timeframe stipulated by this statute, the Nigerian Government should proceed immediately to file for a review. (October 10-2012 is the deadline)

(2) The Green-Tree-Agreement entered into by the government of Nigeria and Cameroun as a result of the ICJ judgment which eventually led to the Nigerian government ceding Bakassi to Cameroun is a clear violation of Section 12(1) of the 199 constitution which states that “No Treaty between the federation and any other country shall have the force of law to the extent to which any such Treaty have been enacted into law by the National Assembly”. The implication is that the Gren-Tree-Agreement does not have the force of law.

(3) Increasing security challenges and the threat to our territorial integrity was put on full glare as it was noted that there is decreased piracy activity in the Somalia-Eritrea region due to heavy UN presence on those waters and a transfer of the nefarious activities to the waters surrounding Nigeria as a result of skeletal (if any) presence of the Nigerian Navy on the waters of Bakassi owing to constant conflict between the Nigerian Navy and the Cameroonian Navy as to who owns the waters. Vulnerability of the Bakassi water ways poses a huge security risk as we battle insecurity on land and we are faced with insecurity on water.

(4) The Nigerian government must realize that SELF DETERMINATION is a fundamental right to which Bakassi people can avail themselves of especially where a sovereign state abdicates her responsibility towards a constituent part of her territory. We must therefore do everything within our power to ensure that the people of Bakassi continue to feel,that they are part and parcel of their homeland.

Given the short window period on the issue, the report which was jointly signed by the Chairman of the House Committee on Foreign Affairs, Nnena Elendu-Ukeje, Chairman House Committtee on Justice, Ali Ahmad and Chairman of the House Committee on Special Duties, Bello Kaoje, is mostly likely to be given accelerated consideration and its recommendation adopted this week.

That’s a wise decision by the house of reprenentatives, Nigeria is too big in Africa to allow common Cameroon to cheat it out of her heritage.

Chukwuma Nwaonicha

Why is it that the Presidency can’t initiate solution to important issues? There is something wrong going on the Nigerian public doesn’t know, the Presidency job performance doesn’t add-up. The President urgently needs good Advisers.
Thank You,
The Elder.

David inyang

Baba jonathan needs to start doing the right things. The senate should also concour. If Bakass people say they cant live under cameroun, then nigeria has a right to take back her land. How can the corrupt ICJ cead a land of english people to a french country. Even china and japan are fightin over empty land. Yet nigeria has the advantage of indegines on the land who wish to remain in nigeria. Jonathan must be forced to appeal immidiately.

byrron

the then federal government deliberately gave bakasi out for individual selfish political gain without given a damn then about it citizens welfare sadly again this present federal government is reluctant to even appeal this judgement against it citizens despite the fact that there are new facts about the issue in question which is a strong ground for appeal before the expiration date for appeal which is in few days time.

what is the content of the oath of secrecy sworn by this current FG that is making it so reluctant to pursue this matter and all other issues logically?

its even a fraud to have lost the place in question yet it has not been deleted from the list of local governments in Nigeria and who are those collecting the allocations for bakasi since its no longer part of Nigeria at-least for now?

There is something we Nigerians really don’t know about these our so called leaders irrespective of the party they belong, they are all the same.

opposition parties aint saying anything about this, civil society groups have gone dumber on this matter, the professional bodies more especially the NBA who ought to be championing for the appeal has all of a sudden gone deaf,dumb and blind.

hmmm, na wa o.

in fact we are all bunch of unserious people that came together to form a an unserious country.

A country whose leaders sacrifice its citizens for international glory/medal.
A country whose leaders strives very hard to please its colonial masters at the espence of its citizens.
A country whose foreign policies is designed, nurtured and watered with the blood of its citizens.

LORD HAVE MERCY ON WE THE MASSES

Blacklord

4 the 1st time reps done a good thing…… but i am still waiting…. to here more… Florence ita giwa represent the people of cross rivers under the constituency of bakasi, akpabuyo and calabar south.. same as all their senators…. the truth is clear even when akwa ibom govt. 4rm attah to akpabio tri in covering it never to c the light…… collobrating with obj……

Blacklord

imagine other kountry fighting in dispute over islands, Japan trades water-cannon fire with Taiwan and meets with China……. cus they know the value of territory not kountry of ours……..

Daphne ukobong

It’s sad, so sad, our government has to concern for the life and welfare of her citizenry. It took just two weeks for the British Government to swim millions of millions to the tiny Indian Ocean island – Falklands (a land, by geography belonging to Argentina) to defend and protect her 2500 nationals from the Argentine forces and occupation. But here we are in Nigeria, surrendering our land, our people and our sovereignty to Cameroon just on a platter of gold. All what do know is stealing of the peoples’ wealth. God judgement awaits them all.

Daphne ukobong

It’s sad, so sad, that we have a government which has no concern for the life and welfare of her citizenry. When it took just two weeks for the British Government to swim millions of miles to the tiny Indian Ocean island – Falklands (a land, by geography belonging to Argentina) to defend and protect her 2500 nationals from the Argentine forces and occupation, but here we are in Nigeria, surrendering our land, our people, our heritage and our sovereignty to Cameroon just on a platter of gold. All what they know is stealing of the peoples’ wealth for themselves, their children and their generations yet unborn. God judgement awaits them all. In short, let Bakassi residents forget about this callous and insensive government and rather seek for self determination.

aremu

I still wonder why the land was given to Cameroon in the first instance?Then our brother Jonathan has gone to commit himself at the UN that he will abide by the ruling of ICJ even when he knows that the people back home are saying the opposite.The other day he opened his mouth to say that the subsidy protest was a planned one and not the wishes of the majority.Then one begins to see the kind of leaders we have.when tomorrow the people of Bakkassi take law into their hands,then Soldiers will be sent there to kill them,when now they are begging peacefully and no one seems to hear them.may God help this nation called Nigeria.

Kote T.

Stumbling on these evidences which were not known to the ICJ, is a good development and as such the Federal Government within the limited time frame act accordingly to file for the review of the judgment. Members of the House of Reps should be commended for these found facts.

SAMPSON

BAKASSI IS ANOTHER WAY OBJ PAID US FOR BRING HIM OUT OF PRION AND MADE HIM PRESIDENT,WHAT DO YOU EXPECT FROM AN EVIL MAN CALLED OBASANJO,MY ONLY PRAYER FOR HIM IS THAT HE SHOULD NOT DIE BEFORE 2015,FOR AM VERY SURE THE NEXT GOVERNMENT WILL DO JUSTICE BY GETTING BACK TO THE PRISON.